马科斯独裁下的菲律宾土地改革（1972—1986）

菲律宾农村土地分配的不公正状况在马科斯统治初期依然严峻，土地问题的急剧升级加剧了政体的演变，但军管法下的土改并没有使农民的生活状况得到明显改善。马科斯政府虽然与“旧寡头政治执政者们”逐步脱离，但和军人集团、政策制定者及商业权贵结合，实行“亲朋资本主义”政治，继续忽视农民的利益，农村基层组织也为地主势力所把持。制度创新的滞后严重阻碍了菲律宾农村土地改革和农村发展。     

Now and Then1

Abstract: Antipode was launched into the firmament of the 1970s. We might reflect upon how well the journal and its contributors fully appreciated the historical gravity and weight of what was surrounding the project to create “a radical journal of geography”. What sort of radicalism was on offer? The language was “social relevance” from “a radical (Left) political viewpoint”. In writing to celebrate Antipode's birthday, this time in another, and similar, firmament there is still the need to confront the challenge of radicalism and its meanings. Whether we agree with Perry Anderson that the last vestiges of the 1960s have been finally swept away, that the “fluent vision” of the Right has no equivalent on the Left and that embedded liberalism is now as remote as “Arian bishops”, where do radical alternatives stand in relation to the fractured hegemony of neoliberalism? At the very least the need for alternatives is more pressing than ever. David Harvey has proposed rethinking the idea of “the right to the city”. But what other rights might we rethink? I reflect upon this question by returning to the 1960s and 1970s and Marxist debates over the law, and by thinking about the possibilities offered by this Polanyian moment.     

What can supraspecies richness tell us?

Biogeographers, ecologists, palaeontologists, and conservation managers often deal with checklists in which not all individuals have been identified to a species level, or the accuracy of species identification is questionable. Is it possible and credible to investigate species richness based on such checklists? Studies on macrofauna in the Far Eastern seas, eastern Arctic seas, and adjacent waters of the Pacific and Arctic Oceans suggest that in different habitats and for diverse taxa, species, and higher taxa richness strongly correlate with each other and increase with an expansion in the study area and sample size according to the species–area law. Such an increase is higher in the bottom zone than in the pelagic. Species and higher taxa richness also show a decrease from lower to higher latitudes, which is in line with the Humboldt–Wallace’s law. According to Willis’ law and self-similarity in the organisation of taxonomic levels, species richness can be assessed based on the genus, family, and order richness. In other words, supraspecies richness itself can tell us the same as species richness and therefore certain global patterns revealed at the species level may also be revealed at the supraspecies level. Such a concordance in general trends among richness parameters at different taxonomic levels in practice implies that species richness can be studied based on lists that lack species identifications or lists with doubtful species identification. We suggest bolder use of supraspecies richness in science and practice, discussing the disadvantages and advantages of this approach.     

Cattle Slaughter Industry in Qing China: State Ban,Muslim Dominance,and the Western Diet

Cattle slaughter and beef consumption are barely mentioned in the literature on Chinese economic, food, or animal history. This is possibly due to the widely held popular and scholarly assumption that beef was avoided and even considered taboo in the daily diet of Chinese people in premodern times. This article investigates the tangible regulation and practice of cattle slaughter in Qing China—the period when the beef taboo was argued to be formally subsumed into Chinese morality. I ask the following questions: To what extent did the Qing state ban cattle slaughter? How was the ban enforced in the localities? Did Chinese people slaughter cattle for consumption? Were there lawful beef markets in Qing China proper? How did increasing beef-eating Western sojourners since the mid-19th century impact this sector? Accordingly, I demonstrate that with the leeway provided by the state, the cattle slaughter industry developed in many regions of China proper, especially large cities. In this sector, Chinese Muslim merchants played a dominant role, even though the Han merchants could outnumber them. Their efforts have prepared the state and Chinese merchants to better cope with new circumstances since the mid-19th century. Broadly, this paper sheds light on how different religious, ethnic, and national groups affected the economy and the practice of law in the Qing dynasty.     

Discourse on the Docks: Containerization and Inter-Union Work Disputes in US Ports, 1955–85

Research on labour markets has often focused on the economics of work location. Far less attention has been paid to how labour markets are constructed discursively. In this paper, I analyse how the creation of rival discourses concerning traditions of work were central elements in the efforts of two unions to structure local labour markets, in order to retain work for their members in the face of technological innovation. The struggle between the two unions centred on their abilities to construct rival discourses concerning the historical geography of work in the industry. These formed the basis for judicial interpretations concerning whether the actions of the dockers' union represented a legal work preservation action or an illegal work acquisition measure. Such interpretations shaped the subsequent evolution of work and labour markets in the industry. The ability of economic actors to shape discourse in their favour can be a powerful force in the regulation of local labour markets, and thus in the production of economic landscapes.     

Punishing wars of aggression: conceptualising Nazi State criminality and the US policy behind shaping the crime against peace, 1943-1945

This paper refocuses attention on what has been seen as one of the most important limbs of the Nuremberg Charter – the crime against peace, or aggressive war. It looks at the legal and political dimensions that motivated such a characterisation by figures behind the debate, and the various, at times uncertain steps, in bringing forth the designation based on breaches of the Kellogg–Briand Pact within the milieu of other traditional offences. Particular attention is given to the philosophical underpinnings of the crime against peace regarding individual German guilt, notably members of the Nazi leadership, with an examination of influences that proved critical in creating a punishable crime at international law. This paper argues that, despite being of continuing interest to civic groups, such an offence continues to trouble legislators and lawyers, rooted as it is in the focus on war as itself criminal.     

Evaluating marital stability in late-Victorian Camberwell

What was the extent of marital breakdown and separation in a society where divorce was unlikely to be an option? This article investigates the status and longevity of the marriages of a group of parents whose children were admitted to the care of the poor law authorities in Camberwell in the latter part of the nineteenth century. It finds that spousal death or misfortune, rather than marital breakdown, were the primary reasons for a parent to send a child to the poor law authorities, and that most of the marriages of the parents in the sample remained intact. It also explores whether those who separated formed new co-residential relationships.     

Introduction: not a normal election: roots and consequences

The March 2018 Italian general elections can be described as a historic turning point, another watershed moment in the turbulent history of contemporary Italian politics. After a stormy and complex legislative term, characterized by a variety of institutional and political phenomena, Italy has faced one of the most important electoral challenges since the return of democracy in the mid-1940s. After examining the major political events that led to the latest general elections, this introductory article presents and analyses the rules, the actors and the outcomes of the electoral contest that has seen the victory of two anti-establishment parties: the Five Star Movement and the League. In the concluding section, the article discusses the potential tensions that may emerge from the clash between the populist attitude of the new governing parties and the constitutional constraints of a liberal democratic regime.     

ASEAN as a “Rules-based Community”: Business as Usual

Abstract

In establishing the ASEAN Economic Community, ASEAN political elites emphasised their commitment to the rule of law. The definition of the rule of law adopted in the ASEAN Charter mirrored UN reforms that recognised the rule of law as interlinked with democracy and human rights. This commitment raises questions, given the various tactics employed by the grouping’s authoritarian and post-authoritarian regimes to silence dissent. This article critically assesses this apparent shift in regional governance. It first maps the inclusion of rule of law rhetoric in agreements since ASEAN’s foundation, and then examines the form and implementation of dispute settlement mechanisms. It finds that dispute settlement mechanisms have consistently retained the scope for protracted political and bureaucratic negotiation between disputing parties, and “opt out” clauses that enable their contingent application. These findings undermine claims regarding the development of a “rules-based community”, and indicate the continuation of rule by law rather than rule of law. The emphasis placed on ASEAN’s rule of law reforms by elites suggests, then, the rebranding of this political project in support of the ASEAN Economic Community so as to create confidence for investors in the region’s juridical environment.     

Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.